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Home My WebLink AboutGerry Andal & the Roughriders A3t ~.S ORIGINAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 2~ day of April, 2006 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Gerry Andal, dba Gerry Andal and the Roughriders, c/o Pacific Rim Talent, P. O. Box 250, Bothell, Washington 98041 (Telephone: 425-489-7900), herein referred to as "ARTIST." WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic performance for the public in Auburn, Washington; and WHEREAS, the CITY has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and ARTIST in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF ARTIST The CITY does hereby retain the ARTIST to perform the work and services described herein. The parties agree that the ARTIST is an independent contractor and shall furnish all supervision, labor, and all other incidentals except as specifically rrcrovided herein and the ARTIST agrees to conduct and complete the pe ormance in a competent and professional manner in accordance with the terms of this Agreement. 2. SCOPE OF WORK The ARTIST agrees to provide the followin~ specific services in its artistic performance: One two-hour concert With one (1) IS-minute set break for the Auburn's Summer Outdoor Sounds and Cinema series on Friday, August II, 2006, from 7:00 p.m. to 9:00 p.m. ARTIST must be on site by 6:00 p.m. for set-up and sound check and be ready to perform by 6:45 p.m. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Washin~ton Elementary School playfield, 20 E Street NE, Auburn, Washmgton. --......------------...---.........-------------------.. Agreement - Gerry Andal and the Roughriders April 18, 2006 Page 1 of 4 Summer Outdoor Sounds & Cinema -.-.. -'.",..-, I 4. TECHNICAL REQUIREMENTS The CITY shall provide the fOllowin~ technical assistance for this performance: Sound equipment consisting 0 one 24-channel mixer; four (4) powered floor monitors; two (2) direct input boxes; one (1) NanoVerb effects unit; ruitar cables; mic cables; speaker cables; one (1) CD player; one 1) sound technician to set up and run equipment. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of One Thousand and NO/l00 Dollars ($1,000.00). 6. PAYMENT The ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this A~reement. Such payment shall be full compensation for all work pe ormed and services rendered under the terms of this Agreement. The payment to the ARTIST shall be in compliance with the regulations of the CITY Finance Department. The ARTIST agrees to be responsible for payment of any and all taxes which may be due as a result of performance under this contract. Payment shall be provided to the ARTIST by check upon completion of performance on Friday, August 11, 2006. Contracts must be signed and returned by June 7, 2006, for payment on August 11, 2006. 7. PROMOTIONAL RESPONSIBILmES ARTIST shall rrovide the following promotional materials to the CITY: Promotiona packet including two black-and-white or color images, biographies, and/ or company information. 8. INDEMNIFICATION The ARTIST agrees to indemnify, defend and hold the CITY, its agents, representatives and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature including, but not limited to any copyright infringements for musical performances, arising out of the performance and obligations contained in this Agreement on the part of the ARTIST, its agents, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its agents, representatives or employees. 9. INABILITY TO PERFORM If ARTIST is incapacitated from rendering services through sickness or otherwise or if ARTIST cannot perform because of fire, accident, act of God or impossibility of performance, the ARTIST shall not receive anJ salary for the time during which the services have not been rendere . -......----------------...----.....---------.....----- Agreement - Gerry Andal and the Roughriders April 18, 2006 Page 2 of 4 Summer Outdoor Sounds & Cinema -,.~-_....- I 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 4:00 p.m. on Friday, August 11, 2006 to determine if the performance will be rescheduled. If rescheduling is not possible within one month, ARTIST is to be paid on the da~ of the performance. ARTIST must provide a telephone num er where he/she can be reached at 4:00 p. m. on the day of the performance. This contact number must be included on the returned signed contract. 11. TERMINATION In the event the ARTIST or the CITY defaults or fails to comply with any of the requirements of this Agreement or any obligations hereunder, the CITY may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. 12. NOTICES Any notice required or permitted under this Agreement may be personally served or given in writing and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: CITY Laurie Rose City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Gerry Andal Gerry Andal and the Roughriders c/o Pacific Rim Talent P. O. Box 250 Bothell, WA 98041 Either party may at any time designate a different address to which notices shall be sent. Notice given in accordance with these provisions shall be deemed received when mailed. 13. GENERAL PROVISIONS The following provisions may apply: A. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or any subsequent breach or default. B. This A~reement may not be changed or modified nor any provision hereo waived except in writing agreed to by both parties. --------....----...----------......----------...---- Agreement - Gerry Andal and the Roughriders April 18, 2006 Page 3 of 4 Summer Outdoor Sounds & Cinema - n...___ I C. This Agreement shall be construed in accordance with and all ~estions with respect hereto shall be determined by the laws of teState of Washington. D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CITY in enforcing the provisions of this Agreement. E. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. GE RY DAL GER ANDAL AND THE ROUGH RIDERS ARTIST TAX #: . DATE: ~-L."L.-ob Contact Phone: ~~ - It'3> ~ - ~ Lt-E:> S-' CITY OF AUBURN ~:\~ ~ PETER . LEWIS, MA(OR L DATE: S \" ~ ArrEST: 1JaJ;;u-~' Dani Daskam City Clerk ------------------------------------------- Agreement - Gerry Andal and the Roughriders April 18, 2006 Page 4 of 4 Summer Outdoor Sounds & Cinema __ '_'m__. J Reque~tforTa)(p~y~n:I(f,entiflcationNumber & Certification . .. .... (Substitute Form W-9) Business Name: .G~,,-~ LJ. ~DAL-..- b~(~ --\-\- As it appears on Federal Tax Retum Address: -4-0 91 N~ City: MML1S\J l L.L.-~ State: ~ ~ Zip: ~~'2.7~ TAX STATUS: Please provide the following information for the category that describes the tax structure of your business. Please provide all requested information for your category. ~dividual Name: r;; ~ (Z.~ ~ . -AN D,ArL- As shown on Social Security Card Social Security Number: ~~\ - 4-,+ - l2l7 o Sole Proprietor Business Owner's Name: Business Owner's SSN orTIN: · DBA Company Name: A sole proprietorship may have a 'doiriI business as' (DBA) name, but the reportable name is the name of the business owner. The reportable Tax 10# is either the owner's social securlly number (SSN) or the company's Taxpapyer Identifica1lon Number (TIN). o Partnership Name of Partnership: Partnership TIN: The reporlable TAX 10 Number 15 the Partnership's Taxpayer ldentilicatlon Number (TIN) . o Corporation or . Name of Corporation/Entity: Exempt Entity Employer Identification #(TIN): Mark the qualifying exemption reason: To be used as a unique identifier for our records ~ C~~" Exempt from tax under 501(a) or other Intemaf Revenue Code exemption Federal, State, or Local govemmental agency or Instrumentalities Non-resident alien individual or foreign corporation, partnership, estate or trust Certification: I certify that the Tax Identification Name: G W '~DA-1- Signature: Phone:A-"2...~ - 4-3 i.... i \fa r- Date: Penalltes: Your failure to provide a correct name and Taxpayer IdentifICation Number may subject your payments to 28% federal income 1ax backup willi holding. If you do not provide us with Infonnation, you may be subject to a $50.00 penalty imposed by the IRS under Section 6723. Confidentiality: If we disclose or use your Taxpayer Identification Number In violation of Federal Law, we may be subject 10 civil and criminal penalties. ;.., . I